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. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making them again in this other case. >> i want to read from an associated press article on the fear and hope some have regarding gay marriage. gay marriage supporters see 41 reasons to fret over the supreme court's decision to take up the case of california's man on same sex issues and nine states allow partners to marry or will soon. 41 states do not. of those, 30 have written gay marriage bans into their state's constitution. >> i'm not that worried and the reason is because i think that the supreme court would have only taken these cases if they thought that they were ripe for a decision that moves the country forwa
. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making...
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Dec 7, 2012
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in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage act was signed by president clinton in 1996, and it's a law that says the federal government, all as pecks of the federal government, including the internal revenue service will not recognize same-sex marriages even many states where same-sex marriage is legal and two appeals courts have held that that is unconstitutional, that it is unlawful discrimination. the obama administration agrees that this law is unconstitutional. it's now being defended by a lawyer hired by the house of representatives, and the case about is the defense of marriage act constitutional, that is one. there are several different c
in fact, ten cases related to the federal defense of marriage act, or doma and proposition 8 are pending against supreme court justices right now. at least one of them is going to make it to their docket. we could find out which one today about early next week or so. i'm joined by our legal analyst jeffrey tubin. remind us what are the court's oping whz it comes to marriage equality, and the differences here between doma and prop 8. >> well, defense of marriage act -- defense of marriage...
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Dec 8, 2012
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. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that really is the federal government stepping somewhere where it hasn't before. what they have done with that statute is say people can't have thousands of federal benefits. the case before the supreme court involves a woman who had to pay $363,000 in estate taxes she wouldn't have had to pay just because the person she was married to was the same gender as herself. it's fairness but limbed to that one state. >> patricia, always good to see you. thanks for weighing in. >> thank you. >> the deadline for the fiscal cliff is just over three weeks away. lawmakers are still mired in part in gridlock, each side saying the other is to blame. what do their constituents think? cnbc says 21% would blame the president, 23% blame republicans, 52 blame ea
. >> the other case involves doma, defense of marriage act. what's at the heart of that question? >> not the fundamental right of same-sex marriage but whether the federal government can define marriage in a certain way, as between one man and one woman. historically that's been the job of the states to decide what marriage is, to define it. that really is the federal government stepping somewhere where it hasn't before. what they have done with that statute is say people can't have...
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Dec 9, 2012
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let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. i
let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're...
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Dec 8, 2012
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the end of the doma act. how do you see this? >> one of the first things that usually comes to my mind when i think about prop 8 was that you had the people of california, they looked at having this particular law upheld as simply because they're the ones who wanted it to happen. and the courts there decided no forget about it. it's simply not going to happen. not only that but if you remember, the donors who were supporting this law, they had a lot of people come after them during that whole scenario. also remember, a lot of businesses who whether it be say wedding photographers, wedding deejays, bank gbank get hauls wo may not be catering to same-sex marriages, they have been attacked very often by lawsuits because they may not necessarily be catering to same-sex marriages. saw this over in new mexico with elaine photography when a photographer said i don't care to photograph same-sex marriage ended up being sued. this lawsuit is still going on right now. >> jimmy williams, welcome back. just explain to me. i'm sure there's a l
the end of the doma act. how do you see this? >> one of the first things that usually comes to my mind when i think about prop 8 was that you had the people of california, they looked at having this particular law upheld as simply because they're the ones who wanted it to happen. and the courts there decided no forget about it. it's simply not going to happen. not only that but if you remember, the donors who were supporting this law, they had a lot of people come after them during that...
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doma denies federal benefits to legally married same-sex couples while prop 8 makes same-sex marriage illegal in california. same-sex marriages are legal in nine other states and the district of columbia. a decision on these cases is expected sometime in june. >>> korean pop star psy is making headlines for a whole other reason than you might think this morning. his music video may be the most watched video in youtube history, but now an old video from 2004 has surfaced of psy calling for the death of american soldiers in iraq. that performance resurfaced in october. in his apology, psy said his performance had been emotionally charged, and "while i'm grateful for the freedom to express oneself, there are limits. i am deeply sorry for any pain i have caused by those words." he is scheduled to perform at a charity event in washington. president barack obama is also planning on attending that event. >>> speaking of president obama, he's issuing a stern warning to syria. don't even think about using chemical weapons against civilians. i'll talk about the implications coming up next. [ ny
doma denies federal benefits to legally married same-sex couples while prop 8 makes same-sex marriage illegal in california. same-sex marriages are legal in nine other states and the district of columbia. a decision on these cases is expected sometime in june. >>> korean pop star psy is making headlines for a whole other reason than you might think this morning. his music video may be the most watched video in youtube history, but now an old video from 2004 has surfaced of psy calling...
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Dec 3, 2012
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there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder into authorized facilities on the site. they have safely stored more than 1 million pounds. that is enough to fill 27 18-wheelers. >> wow. nine bodies have been recovered from three crushed, burned out cars in a highway tunnel 50 miles west of tokyo. officials still don't know what caused a 200 foot section of eight inch thick concrete to cave in over the weekend. take a look at these incredible pictures. and they're not saying whether there might be more victims in the rubble. >>> malala yousafzai, that pakistani girl who was shot in the head by the taliban is saying thank you to all of her new friends all o
there is a possibility justices will hear cases that challenge the federal defense of merge act or doma as it's known or california's proposition 8 which defines marriage as strictly between a man and a woman. >>> authorities have ordered folks in parts of louisiana to get out of town as they work to secure more than 6 million pounds of gun powder. gun powder. improperly stored m-6 powder was found at camp minden on property leased by expo system. workers are busy moving the powder...